NY State Senate Bill 2023-S7816

Senate Bill S7816

2023-2024 Legislative Session

Relates to bail for certain felony offenses involving the manufacture, sale, distribution, or possession with intent to sell synthetic opioids

download bill text pdf

Current Bill Status - In Senate Committee Codes Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2024	referred to codes
Dec 15, 2023	referred to rules

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2023-S7816 (ACTIVE) - Details

See Assembly Version of this Bill:: A8383
Current Committee:: Senate Codes
Law Section:: Criminal Procedure Law
Laws Affected:: Amd §§510.10, 530.20 & 530.40, CP L

2023-S7816 (ACTIVE) - Summary

Authorizes the imposition of bail for certain felony offenses involving the manufacture, sale, distribution, or possession with intent to sell synthetic opioids.

2023-S7816 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S7816

SPONSOR: RHOADS
 
TITLE OF BILL:

An act to amend the criminal procedure law, in relation to authorizing
bail for certain felony offenses involving the manufacture, sale,
distribution, or possession with intent to sell synthetic opioids

 
PURPOSE OR GENERAL IDEA OF BILL:

This bill amends the criminal procedure law to allow prosecutors to seek
bail on Criminal Sale of a Controlled Substance 2nd Degree, and Criminal
Possession of a Controlled Substance 2nd Degree, A-II felonies.

 
SUMMARY OF PROVISIONS:

Section 1: amends paragraph (d) of subdivision 4 of section 510.10 of
the criminal procedure law, as amended by section 2 of part UU of chap-
ter 56 of the laws of 2020.

Section 2: amends paragraphs (t) and (u) of subdivision 4 of section

510.10 of the criminal procedure law and adds a new paragraph (v).

Section 3: amends subparagraphs (xx) and (xxi) of paragraph (b) of
subdivision 1 of section 530.20 of the criminal procedure law and adds a
new subparagraph (xxii).

Section 4: amends paragraphs (t) and (u) of subdivision 4 of section
530.40 of the criminal procedure law and adds a new paragraph (v).

Section 5: sets the effective date.

 
JUSTIFICATION:

Synthetic opioids like fentanyl, a highly addictive drug that is 50 to
100 times more powerful than morphine, have helped drive opioid deaths
in New York State to nearly triple between 2010 and 2020. In 2021 there
were more than 5,800 such deaths statewide according to a report from
the New York State Comptroller's office. Nationwide, the CDC reported
that fentanyl has caused more than 100,000 deaths over the 12-month span
ending in July 2022.

Under existing New York State law, only class A felony drug offenses are
eligible for bail. Local prosecutors statewide have raised concerns that
this loophole permits some dealers of fentanyl and other synthetic
opioids to be released back on the street following their arrests,
allowing them to sell more of these highly addictive and dangerous
drugs.

This bill amends the criminal procedure law to allow prosecutors to seek
bail on Criminal Sale of a Controlled Substance 2nd Degree, and Criminal
Possession of a Controlled Substance 2nd Degree, A-II felonies. These
changes would give local district attorneys the ability to ask for bail
for sale and possession of large amounts of methamphetamine, LSD and
other dangerous narcotics. In addition, prosecutors would also be
allowed to ask for bail for any fentanyl or nitazine cases, which would
have the largest immediate effect on the current overdose crisis.

 
PRIOR LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2023-S7816 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7816
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             December 15, 2023
                                ___________
 
 Introduced  by  Sen.  RHOADS -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend the criminal procedure law, in relation  to  authorizing
   bail  for  certain  felony  offenses  involving the manufacture, sale,
   distribution, or possession with intent to sell synthetic opioids

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Paragraph  (d)  of subdivision 4 of section 510.10 of the
 criminal procedure law, as amended by section 2 of part UU of chapter 56
 of the laws of 2020, is amended to read as follows:
   (d) a class A felony defined in the  penal  law[,  provided  that  for
 class A felonies under article two hundred twenty of the penal law, only
 class A-I felonies shall be a qualifying offense];
   §  2. Paragraphs (t) and (u) of subdivision 4 of section 510.10 of the
 criminal procedure law, paragraph (t) as amended and  paragraph  (u)  as
 added  by section 2 of subpart B of part UU of chapter 56 of the laws of
 2022, are amended and a new paragraph (v) is added to read as follows:
   (t) any felony or class A misdemeanor involving harm to  an  identifi-
 able  person  or  property,  or  any  charge of criminal possession of a
 firearm as defined in section 265.01-b of  the  penal  law,  where  such
 charge  arose from conduct occurring while the defendant was released on
 his or her own recognizance, released under conditions, or had yet to be
 arraigned after the issuance of a desk appearance ticket for a  separate
 felony  or  class A misdemeanor involving harm to an identifiable person
 or property, or any charge  of  criminal  possession  of  a  firearm  as
 defined  in  section  265.01-b of the penal law, provided, however, that
 the prosecutor must show reasonable cause to believe that the  defendant
 committed  the  instant crime and any underlying crime. For the purposes
 of this subparagraph, any of the underlying crimes need not be a  quali-
 fying  offense  as defined in this subdivision. For the purposes of this
 paragraph, "harm to an identifiable person or  property"  shall  include
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13271-01-3

 S. 7816                             2
 
 but  not  be  limited  to theft of or damage to property. However, based
 upon a review of the facts alleged in the accusatory instrument, if  the
 court determines that such theft is negligible and does not appear to be
 in  furtherance  of  other  criminal  activity,  the  principal shall be
 released on his or her own recognizance or under  appropriate  non-mone-
 tary conditions; [or]
   (u)  criminal possession of a weapon in the third degree as defined in
 subdivision three of section 265.02 of the penal law or criminal sale of
 a firearm to a minor as defined in section 265.16 of the  penal  law[.];
 OR
   (V)  ANY  FELONY  OFFENSE DEFINED IN ARTICLE TWO HUNDRED TWENTY OF THE
 PENAL LAW, WHERE SUCH OFFENSE INVOLVES THE MANUFACTURE,  SALE,  DISTRIB-
 UTION,  OR  POSSESSION  WITH INTENT TO SELL SYNTHETIC OPIOIDS, INCLUDING
 BUT NOT LIMITED TO FENTANYL, FENTANYL ANALOGUES, NITAZENE, AND  NITAZENE
 ANALOGUES.
   § 3. Subparagraphs (xx) and (xxi) of paragraph (b) of subdivision 1 of
 section  530.20  of  the  criminal  procedure  law, subparagraph (xx) as
 amended and subparagraph (xxi) as added by section 4  of  subpart  C  of
 part UU of chapter 56 of the laws of 2022, are amended and a new subpar-
 agraph (xxii) is added to read as follows:
   (xx)  any felony or class A misdemeanor involving harm to an identifi-
 able person or property, or any  charge  of  criminal  possession  of  a
 firearm  as  defined  in  section  265.01-b  of the penal law where such
 charge arose from conduct occurring while the defendant was released  on
 his or her own recognizance, released under conditions, or had yet to be
 arraigned  after the issuance of a desk appearance ticket for a separate
 felony or class A misdemeanor involving harm to an  identifiable  person
 or property, provided, however, that the prosecutor must show reasonable
 cause  to believe that the defendant committed the instant crime and any
 underlying crime. For the purposes of  this  subparagraph,  any  of  the
 underlying  crimes  need  not be a qualifying offense as defined in this
 subdivision. For the purposes of this paragraph, "harm to  an  identifi-
 able person or property" shall include but not be limited to theft of or
 damage to property. However, based upon a review of the facts alleged in
 the  accusatory  instrument,  if the court determines that such theft is
 negligible and does not appear to be in furtherance  of  other  criminal
 activity, the principal shall be released on his or her own recognizance
 or under appropriate non-monetary conditions; [or]
   (xxi)  criminal  possession of a weapon in the third degree as defined
 in subdivision three of section 265.02 of the penal law or criminal sale
 of a firearm to a minor as  defined  in  section  265.16  of  the  penal
 law[.]; OR
   (XXII) ANY FELONY OFFENSE DEFINED IN ARTICLE TWO HUNDRED TWENTY OF THE
 PENAL  LAW,  WHERE SUCH OFFENSE INVOLVES THE MANUFACTURE, SALE, DISTRIB-
 UTION, OR POSSESSION WITH INTENT TO SELL  SYNTHETIC  OPIOIDS,  INCLUDING
 BUT  NOT LIMITED TO FENTANYL, FENTANYL ANALOGUES, NITAZENE, AND NITAZENE
 ANALOGUES.
   § 4. Paragraphs (t) and (u) of subdivision 4 of section 530.40 of  the
 criminal  procedure  law,  paragraph (t) as amended and paragraph (u) as
 added by section 4 of subpart B of part UU of chapter 56 of the laws  of
 2022, are amended and a new paragraph (v) is added to read as follows:
   (t)  any  felony or class A misdemeanor involving harm to an identifi-
 able person or property, or any  charge  of  criminal  possession  of  a
 firearm  as  defined  in  section  265.01-b of the penal law, where such
 charge arose from conduct occurring while the defendant was released  on
 his or her own recognizance, released under conditions, or had yet to be
 S. 7816                             3
 
 arraigned  after the issuance of a desk appearance ticket for a separate
 felony or class A misdemeanor involving harm to an  identifiable  person
 or  property,  or  any  charge  of  criminal  possession of a firearm as
 defined  in  section  265.01-b of the penal law, provided, however, that
 the prosecutor must show reasonable cause to believe that the  defendant
 committed  the  instant crime and any underlying crime. For the purposes
 of this subparagraph, any of the underlying crimes need not be a  quali-
 fying  offense  as defined in this subdivision. For the purposes of this
 paragraph, "harm to an identifiable person or  property"  shall  include
 but  not  be  limited  to theft of or damage to property. However, based
 upon a review of the facts alleged in the accusatory instrument, if  the
 court determines that such theft is negligible and does not appear to be
 in  furtherance  of  other  criminal  activity,  the  principal shall be
 released on his or her own recognizance or under  appropriate  non-mone-
 tary conditions; [or]
   (u)  criminal possession of a weapon in the third degree as defined in
 subdivision three of section 265.02 of the penal law or criminal sale of
 a firearm to a minor as defined in section 265.16 of the  penal  law[.];
 OR
   (V)  ANY  FELONY  OFFENSE DEFINED IN ARTICLE TWO HUNDRED TWENTY OF THE
 PENAL LAW, WHERE SUCH OFFENSE INVOLVES THE MANUFACTURE,  SALE,  DISTRIB-
 UTION,  OR  POSSESSION  WITH INTENT TO SELL SYNTHETIC OPIOIDS, INCLUDING
 BUT NOT LIMITED TO FENTANYL, FENTANYL ANALOGUES, NITAZENE, AND  NITAZENE
 ANALOGUES.
   § 5. This act shall take effect immediately

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